Plaintiff
Defendant
Background:
Richardson Pioneer Limited filed claims against Ross Lamb and Lamb Farms Ltd. for breach of contracts involving the sale and delivery of grain (canola and barley). The contracts were signed in 2020 and 2021. Richardson alleged the defendants failed to deliver the agreed quantities of grain, canceled the contracts, and sought damages. The claims totaled $118,434.01 against Ross Lamb and $536,619.39 against Lamb Farms Ltd.
Legal Issues:
The main issue was whether the claims were suitable for summary judgment under Rule 7-2 of The King’s Bench Rules. Richardson argued no genuine issue required a trial, while the defendants contested this, citing disputed facts and improper affidavit evidence.
Court’s Analysis:
The court noted that the application was premature because materials needed for the summary judgment hearing were incomplete. The justice emphasized that suitability for summary judgment could only be decided by the judge hearing the application on its merits.
Decision:
The application to determine the suitability of summary judgment was dismissed as premature. The court refused to set the claims for trial at this stage, instead directing Richardson to follow established procedural steps, including pre-trial conferences, if it wished to proceed to trial.
Costs and Awards:
Neither party sought costs, and the court did not make an order regarding costs. No damages or awards were granted at this stage, as the matter remains unresolved.
Court
Court of King's Bench for SaskatchewanCase Number
QBG-RG-00316-2022Practice Area
Corporate & commercial lawAmount
Winner
Trial Start Date
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